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PETTA v. RIVERA

No. 95-40157.

133 F.3d 330 (1998)

Melinda PETTA, as Next Friend of Nikki Petta and Cavin Petta, Minors; Nikki Petta, a Minor; Cavin Petta, a Minor, Plaintiffs-Appellees, v. Adrian RIVERA, Individually and in his official capacity as Texas Department of Public Safety Highway Patrolman, Defendant-Appellant, and Texas Department of Public Safety, Defendant.

United States Court of Appeals, Fifth Circuit.

January 16, 1998.

Attorney(s) appearing for the Case

Roy Stewart Dale, William Daniel Mount, Jr., Dale & Klein, McAllen, TX, Paul G. Kratzig, Corpus Christi, TX, for the Pettas.

Demetri Anastasiadis, Austin, TX, for Defendant-Appellant and Defendant.

Before DUHÉ and DENNIS, Circuit Judges, and DUVAL, District Judge.

DUHÉ, Circuit Judge:

Officer Adrian Rivera ("Rivera") appeals the district court's denial of his motion for summary judgment based on the defense of qualified immunity. For the reasons that follow, we reverse and render.

FACTUAL BACKGROUND

Because the parties dispute certain facts, we summarize the relevant incidents drawing inferences in the light most favorable to the nonmovants. See Pfannstiel v. City of Marion, 918...

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